CONDITIONAL DISCHARGE - A NEW VIEW IN MISDEMEANOR SENTENCING

• NCJ Number: 17740
• Journal: Illinois Bar Journal Volume: 62 Issue: 5 Dated: (JANUARY 1974) Pages: 280-282
• Author(s): J M HANSON
• Date Published: 1974
• Length: 3 pages
• Corporate Author: Illinois State Bar Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

'CONDITIONAL DISCHARGE' IS DEFINED BY ILLINOIS STATUTE AS A SENTENCE OR ADJUDICATION OF CONDITIONAL AND REVOCABLE RELEASE WITHOUT PROBATIONARY SUPERVISION BUT UNDER SUCH CONDITIONS AS MAYBE IMPOSED BY THE COURT.

Abstract

DESIGNED AS AN ALTERNATIVE TO 'PROBATION FOR MISDEMEANOR OFFENSES, THIS TYPE OF DISCHARGE HAS THE EFFECT OF GIVING PROBATION OFFICERS MORE TIME TO DEVOTE TO CASES REQUIRING SUPERVISION AND ELIMINATING UNNECESSARY DAY-TO-DAY SUPERVISION. THE COURT HAS THE POWER TO REQUIRE THE DEFENDANT TO PURSUE A COURSE OF STUDY, UNDERGO TREATMENT FOR DISORDERS (INCLUDING ALCOHOLISM), AND ATTEND OR RESIDE IN A FACILITY ESTABLISHED FOR INSTRUCTION OR RESIDENCE OF DEFENDANTS ON PROBATION. ENFORCEMENT AND FOLLOW-UP ARE LEFT TO THE AGENCY, SCHOOL, OR OTHER AUTHORITY INVOLVED, WITH A REPORT TO THE COURT BEING REQUIRED ONLY IF DESIRED OR IF A VIOLATION OCCURS.